1921 Present: Schneider A, J.

SIVAPRAKASAM v. VEERAGATHY.

 671-P. C. Mallakera 7,893.

Stolen property found in room occupied by accused and another-Exclusive possession-Evidence that accused did not protest to police officer* when he made search, that property was introduced by another.

A. stolen gold chain was found by a constable bidden in a bag of paddy in the room of a house occupied by a third party in which the accused was a lodger. Evidence was also adduced that accused did not protest at the time of the search that some one had introduced the stolen article into the house.

Held, that the conviction was bad, as the accused was not in the exclusive possession of the stolen article, and as inadmissible evidence (which amounted to a confession to a police officer) was admitted.

H. J. C. Pereira, K.C. (with him Rajakarier), for the appellant,

lllangakoon, C.C., for the Crown.

August 1, 1921. SCHNEIDER A.J.-

The evidence accepted by the Magistrate is that a gold chain stolen from the house of the complainant was found by a police constable bidden in a bag of paddy in the room of a house occupied by the second accused, in whi